[HISTORY: Adopted by the Board of Supervisors of the Township of Chadds Ford 7-18-2002 by Ord. No. 64P. Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment — See Ch. 39.
Zoning — See Ch. 135.
The Board of Supervisors of Chadds Ford Township, Delaware County, Pennsylvania, finds that massage establishments used for the purposes of prostitution are detrimental to the health, safety, morals and general welfare of Chadds Ford Township.
As used in this chapter, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:
ACCREDITED SCHOOL
Any school wherein the method, profession, and work of massage is taught, which furnishes a statement of courses offered, including anatomy and physiology, is accredited by a state unit of educational accreditation or by the American Massage and Therapy Association, and furnishes a certificate or diploma of successful completion of such course of study or learning.
APPLICANT
Any person applying for a license to render massage service, or to operate a massage establishment, and in addition thereto shall include and mean all partners in a partnership and all stockholders or members of a corporation or limited liability company where the controlling interest of the entity is held by five or fewer persons or legal entities.
EMPLOYEE
Any person over 18 years of age, other than a massagist, who renders any service in connection with the operation of a massage establishment and receives compensation from the operator of the massage establishment or patrons.
MASSAGE
The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, by hand, mechanical device, or other means.
MASSAGE ESTABLISHMENT
Any business establishment which provides the services of massage, unless such business establishment is operated by a licensed medical practitioner, chiropractor or professional physical therapist licensed by the Commonwealth of Pennsylvania in connection with a professional practice.
MASSAGIST
Any person trained at an accredited school, who, for any consideration whatsoever, engages in the practice of massage as defined herein (also a "masseur" or "masseuse").
PATRON
Any person over 18 years of age who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give other consideration therefor.
PERSON
Any individual, partnership, firm, association, joint stock company, corporation, limited liability company, or combination of individuals of whatever form or character.
PROSTITUTION
Engaging in sexual activity for consideration, including:
A. 
The fondling or other erotic touching of human genitals, pubic region, buttocks or female breast;
B. 
Acts of human masturbation, sexual intercourse, or sodomy; or
C. 
Homosexual and other deviate sexual relations.
SEXUAL OR GENITAL AREA
Genitals, pubic area, buttocks, anus or perineum of any person, or the vulva or breasts of a female.
No person shall engage in, carry out or provide or perform the business of massage except in a massage establishment duly licensed under the provisions of this chapter. Existing massage establishments shall submit applications for a massage license hereunder within 60 days of enactment of this chapter.
A. 
The provisions of this chapter shall not apply to the following individuals while engaged in the personal performance of the duties of their respective professions:
(1) 
Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the Commonwealth of Pennsylvania.
(2) 
Nurses who are registered under the laws of the Commonwealth of Pennsylvania.
(3) 
Barbers and beauticians who are duly licensed under the laws of the Commonwealth of Pennsylvania, except that this exemption shall apply solely to the massaging of the neck, face, scalp and hair of the customer or client for cosmetic or beautifying purposes.
(4) 
Athletic trainers.
B. 
In any prosecution for violation of this chapter, the foregoing exemptions shall constitute affirmative defenses and it shall be incumbent upon the defendant to show that he or she and any establishment involved are not subject to the provisions of this chapter. Nothing herein shall be deemed to shift the burden of proof of the violation to the defendant.
A. 
Every applicant for a license to establish, maintain, operate or conduct a massage establishment shall file an application, under oath, with the Township and pay a nonrefundable annual license fee which shall be determined by the Board of Supervisors from time to time by resolution. The application shall at a minimum provide the Township with the following information:
(1) 
A detailed description of the services to be provided.
(2) 
The location, mailing address and all telephone numbers where the massage establishment is to be conducted.
(3) 
The name and residence address of each applicant.
(a) 
If the applicant is a corporation or limited liability company, the name and residence address of each of the officers, directors and members/shareholders, together with the address of the corporation if different from the address of the massage establishment.
(b) 
If the applicant is a partnership (limited or general), the name and residence address of each of the partners and the address of the partnership itself if different from the address of the massage establishment.
(4) 
The two previous addresses immediately prior to the address of the proposed massage establishment.
(5) 
Proof that the applicant, if an individual, is at least 18 years of age.
(6) 
The height, weight, hair and eye color and gender of any individual applicant.
(7) 
Copy of written identification, such as a driver's license or social security card.
(8) 
One front-face (portrait), two-inch-by-two-inch photograph of the applicant, including a photograph of all officers, directors, partners, members, and managing agents of any business entity applicant.
(9) 
Business, occupation, or employment of the applicant for the three years immediately preceding the date of application.
(10) 
The massage or similar business license history of the applicant; whether such person, in previously operating in this or another township or state, has had a business license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.
(11) 
All criminal convictions for sexual offenses, including the date of conviction, nature of the crimes and place convicted.
(12) 
The name and address and one front-face (portrait), two-inch-by-two-inch photograph of each massagist who is or will be employed in the proposed massage establishment.
(13) 
The diploma, certificate or other documentation evidencing that each massagist has successfully completed the curricula of an accredited school.
(14) 
The name and address of any massage establishment or other business owned or operated by any person whose name is required hereunder wherein the business or profession of massage is carried on.
(15) 
A description of any other business proposed to be operated on the same premises or adjoining premises owned or controlled by the applicant.
(16) 
Authorization for the Township, its agents, and employees to seek information and conduct investigations into the truth of the statements and qualifications of the applicant contained in the application.
(17) 
Such other identification and information as may be reasonably required by the Township.
B. 
The application shall not be accepted by the Township until all required information has been provided to the Township and all required fees have been paid. Any change in any of the information provided hereunder must be submitted to the Township within 10 days of said change.
The Township shall issue a license for a massage establishment after approval by the Board of Supervisors, but only after all requirements for a massage establishment or massagist permit have been met.
The Township shall act to approve or deny an application for a license hereunder within a reasonable period of time and in no event shall the Township act to approve or deny the license later than 90 days from the date said application is accepted by the Township. Every license issued under this chapter shall expire one year from the date of issuance, unless sooner suspended or revoked.
Every license granted hereunder shall be conspicuously posted at or near the interior entrance to the massage establishment.
The licensee or person designated by the licensee of a massage establishment shall maintain a written register of all persons employed at any time at the massage establishment, including, but not limited to, all massagists. Such register shall be available for inspection at the massage establishment during regular business hours.
Any license issued for a massage establishment may be revoked or suspended by the Board of Supervisors after notice and a hearing, for good cause, or in any case where any of the provisions of this chapter are violated or where any employee of the licensee, including any massagist, is engaged in any conduct which violates any state or local laws or ordinances.
All employees, including massagists, shall wear clean, nontransparent outer garments, covering all sexual or genital areas. Name tags for employees and all massagists shall be worn and visible at all times.
No person under the age of 18 shall be permitted in or on the premises of a massage establishment, unless on lawful business.
No massage establishment shall operate between the hours of 10:00 p.m. and 8:00 a.m.
The Township or its authorized representatives may from time to time make inspection of each massage establishment for the purpose of determining compliance with this chapter.
A. 
It shall be unlawful for any person not a massagist to perform, provide or engage in a massage with any person in a massage establishment.
B. 
It shall be unlawful for any person in a massage establishment to engage in prostitution.
C. 
It shall be unlawful for any massagist or other person in a massage establishment to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage a sexual or genital area of any other person.
D. 
It shall be unlawful for any person in a massage establishment to expose his or her sexual or genital parts, or any portion thereof, to any other person. It shall also be unlawful for any person in a massage establishment to expose the sexual or genital area, or any portion thereof, of any other person.
E. 
It shall be unlawful for any person, while in the presence of any other person in a massage establishment, to fail to conceal with a fully opaque covering the sexual or genital area of his or her body.
F. 
It shall be unlawful for any person owning, operating or managing a massage establishment knowingly to cause, allow, or permit, in or about such massage establishment, any agent, employee, or any other person under his control or supervision to perform such acts prohibited by this section.
G. 
It shall be unlawful for any person to knowingly allow any massage establishment to be used in violation of this chapter.
Upon sale, transfer or relocation of a massage establishment, the license therefor shall be null and void, except as approved as provided in § 87-5. No license granted under this chapter shall be transferable.
A. 
The holder of a license to operate a massage establishment shall post at every entrance available to massage patrons the following notice:
NOTICE
IT SHALL BE UNLAWFUL FOR ANY PERSON TO PATRONIZE THIS MASSAGE ESTABLISHMENT IF THIS MASSAGE ESTABLISHMENT IS KNOWN BY SUCH PATRON TO BE IN VIOLATION OF CHAPTER 87 OF THE CODE OF THE TOWNSHIP OF CHADDS FORD, DELAWARE COUNTY, PENNSYLVANIA; A COPY OF SAID CHAPTER IS POSTED HEREIN AND WILL BE MADE AVAILABLE TO ANY PATRON UPON REQUEST.
B. 
This notice shall be capitalized and in not less than 72 point type and shall be posted by the holder of a license to operate a massage establishment in a conspicuous place at or near every entrance to said establishment. Copies of this chapter shall be kept on the premises and shall be made available to any massage patron upon request.
For each and every violation of this chapter, the violator, upon conviction by the Magisterial District Judge, shall be guilty of a summary offense and subject to a fine of not more than $1,000 and/or imprisonment for a term not to exceed 90 days.